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Findings of Fact for Denial <br />Zoning Ordinance Amendment for <br />Recreational Uses in the Front Yard <br />Applicant: Matthew Galba, <br />Property Location: 2580 Edgerton Street, Little Canada, MN <br />The following Findings of Fact are made by the City Council in support of the decision to <br />deny the applicant's request for a zoning ordinance amendment to establish a recreational <br />use by Conditional Use Permit in the front yard: <br />1. The Zoning Ordinance requires that the following considerations shall be <br />applied to potential zoning amendments: <br />a. The applicant shall demonstrate by clear and convincing evidence that <br />the proposed action has been considered in relation to the specific <br />policies and provisions of and has been found to be consistent with <br />the official City Comprehensive Land Use Plan. <br />b. The applicant shall demonstrate by clear and convincing evidence that <br />the proposed site is or will be compatible with present and future <br />land uses of the area. <br />c. The applicant shall demonstrate by clear and convincing evidence that <br />the proposed use conforms with all performance standards <br />contained herein. <br />d. The applicant shall demonstrate by clear and convincing evidence that <br />the proposed use will not tend to or actually depreciate the <br />aggregate property values in the area in which the amendment or <br />conditional use is proposed. <br />e. The applicant shall demonstrate by clear and convincing evidence that <br />the proposed use can be accommodated with existing public <br />services and will not overburden the City's service capacity. <br />f. The applicant shall demonstrate by clear and convincing evidence that <br />the development of the conditional use shall reflect the <br />architectural character of the buildings in the surrounding area in <br />regard to the following: <br />i. Proportion, scale and roof line; <br />ii. Architectural style; and <br />iii. Exterior finish materials. <br />2. The City's Comprehensive Plan directs that existing residential neighborhoods <br />be protected from unnecessary encroachments or incompatible land uses. <br />3. The proposed hockey rink boards and sport court will create noise, lights, and <br />activity that are inconsistent with the City's goals and policies, and will be <br />incompatible with neighbors' quiet enjoyment of their properties. <br />1 <br />